April 10th -Development of Slave Laws in Colonial Virginia

Early Slave Codes in Virginia

• Virginia implemented slave codes at an early stage, even with few enslaved individuals present.

• Differentiation of Labor:

  • African women were subjected to slave labor; English women were not.

  • Slave labor was effectively taxed, leading to disparities in taxation systems for free white households vs. free black households, highlighting inequalities that impacted early black families significantly.

  • Labor roles differed significantly, influencing household dynamics and economic participation.

Key Legislation Developments

• 1641 Slavery Law:

  • Marked the initial formalization of slavery in Virginia, establishing a legal framework for the institution.

• 1662 Law:

  • Introduced the concept of freedom status being determined by the mother's status.

  • A child born to an enslaved woman would also be enslaved, perpetuating the cycle of enslavement across generations.

  • Represented a legal innovation: heredity of slavery based on maternal status, laying groundwork for systemic racism.

• Baptism and Freedom:

  • Addressed whether baptism alters the status of enslaved individuals.

  • Concluded that baptism does not change bondage conditions, diverging from European beliefs that Christians should be free, thereby reinforcing the notion of perpetual enslavement irrespective of religious conversion.

Concept of Hereditary Hedonism

• Professor Rebecca Getz's term referring to the idea that the status of slavery could be inherited irrespective of religious beliefs, emphasizing a shift toward hereditary notions of freedom.

• This occurred before the modern conception of race was fully developed, highlighting the pre-existing social hierarchies.

Shift After Bacon's Rebellion

• Following Bacon's Rebellion, new laws were enacted, changing labor dynamics in Virginia:

  • By 1705, enslaved Africans constituted about 40% of the labor force, increasing to 20,000 individuals in total population.

  • Indentured Servitude vs. Enslavery:

  • Indentured servants had contracts limiting service to seven years, while enslaved people faced permanent bondage.

  • Social status of indentured servants was significantly lower than free whites, indicating prevalent societal prejudices and racial discrimination manifesting through labor systems.

Legal Transition and Property Status

• 1705 Law Updates:

  • Established all non-Christian servants from their native lands as slaves, reflecting a codified racial hierarchy.

  • Included Indigenous people under slavery, marking a significant shift in labor demographics and extending the scope of slavery beyond Africans.

  • Defined enslaved individuals as real estate, indicating their treatment as property, not persons, thereby stripping them of legal personhood.

  • Clarified legal rights of masters, including immunity for harm causing death during punishment, showcasing the dehumanization and brutal enforcement of these laws.

  • Attempted to enforce continuity of property rights in enslaved individuals, equating them to immovable property, creating lasting economic implications for future generations.

Death and Debt Complications

• Revealed complexities in enslaved people's classification concerning debts and estates, wherein they could be counted as property in debt settlements, further entrenching their status as commodities.

• Significant distinction: Treating enslaved people with more severe penalties than that imposed on indentured servants, such as the lack of legal repercussions for their murder by masters, reinforced the devaluation of their lives.

Massachusetts and New England Legislation

• Massachusetts Bay Company:

  • Created initial rights protecting individuals, including some bond slavery laws, initiating a contrast between northern and southern approaches to slavery.

  • Introduced bond slavery clauses tied to just wars, debts, or voluntary self-selling, presenting a complex view of consent and coercion in slavery.

• Religious and Social Implications:

  • Emphasized individual responsibility in religious beliefs, paralleling concepts of contracts and consent, highlighting the socio-political climate of the era.

  • The covenant notion intertwined with agreements between individuals and God, reflecting how religion was employed to justify social hierarchies and labor exploitation.